35820 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

particular form, but shall contain

information sufficient to indicate that it

is in response to the prepenalty notice.

It should contain responses to the

allegations in the prepenalty notice and

set forth the reasons why the respondent

believes the penalty should not be

imposed or, if imposed, why it should

be in a lesser amount than proposed.

(c) Informal settlement. In addition or

as an alternative to a written response

to a prepenalty notice pursuant to this

section, the respondent or respondent’s

representative may contact the Office of

Foreign Assets Control as advised in the

prepenalty notice to propose the

settlement of allegations contained in

the prepenalty notice and related

matters. In the event of settlement at the

prepenalty stage, the claim proposed in

the prepenalty notice will be

withdrawn, the respondent is not

required to take a written position on

allegations contained in the prepenalty

notice, and the Office of Foreign Assets

Control will make no final

determination as to whether a violation

occurred. The amount accepted in

settlement of allegations in a prepenalty

notice may vary from the civil penalty

that might finally be imposed in the

event of a formal determination of

violation. In the event no settlement is

reached, the 30–day period specified in

paragraph (a) of this section for written

response to the prepenalty notice

remains in effect unless additional time

is granted by the Office of Foreign

Assets Control.

§ 537.704 Penalty imposition or

withdrawal.

(a) No violation. If, after considering

any response to the prepenalty notice

and any relevant facts, the Director of

the Office of Foreign Assets Control

determines that there was no violation

by the respondent named in the

prepenalty notice, the Director promptly

shall notify the respondent in writing of

that determination and that no monetary

penalty will be imposed.

(b) Violation. If, after considering any

response to the prepenalty notice, the

Director of the Office of Foreign Assets

Control determines that there was a

violation by the respondent named in

the prepenalty notice, the Director

promptly shall issue a written notice of

the imposition of the monetary penalty

to the respondent.

(1) The penalty notice shall inform

the respondent that payment of the

assessed penalty must be made within

30 days of the mailing of the penalty

notice.

(2) The penalty notice shall inform

the respondent of the requirement to

furnish the respondent’s taxpayer

identification number pursuant to 31

U.S.C. 7701 and that such number will

be used for purposes of collection and

reporting on any delinquent penalty

amount in the event of a failure to pay

the penalty imposed.

§ 537.705 Administrative collection;

referral to United States Department of

Justice.

In the event that the respondent does

not pay the penalty imposed pursuant to

this part or make payment arrangements

acceptable to the Director of the Office

of Foreign Assets Control within 30

days of the mailing of the written notice

of the imposition of the penalty, the

matter may be referred for

administrative collection measures by

the Department of the Treasury or to the

United States Department of Justice for

appropriate action to recover the

penalty in a civil suit in a Federal

district court.

Subpart H—Procedures

§ 538.801 Procedures.

For license application procedures

and procedures relating to amendments,

modifications, or revocations of

licenses; administrative decisions;

rulemaking; and requests for documents

pursuant to the Freedom of Information

and Privacy Acts (5 U.S.C. 552 and

552a), see subpart D of part 501 of this

chapter.

§ 538.802 Delegation by the Secretary of

the Treasury.

Any action which the Secretary of the

Treasury is authorized to take pursuant

to Executive Order 13067 (3 CFR, 1997

Comp., p. 230), and any further

Executive orders relating to the national

emergency declared with respect to

Sudan in Executive Order 13067, may

be taken by the Director of the Office of

Foreign Assets Control, or by any other

person to whom the Secretary of the

Treasury has delegated authority so to

act.

Subpart I—Paperwork Reduction Act

§ 538.901 Paperwork Reduction Act notice.

The information collection

requirements in §§ 538.506 and 538.521

have been approved by the Office of

Management and Budget (‘‘OMB’’) and

assigned control number 1505–0169.

For approval by OMB under the

Paperwork Reduction Act of other

information collections relating to

recordkeeping and reporting

requirements, to licensing procedures

(including those pursuant to statements

of licensing policy), and to other

procedures, see § 501.901 of this

chapter. An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a valid control

number assigned by OMB.

Dated: June 18, 1998.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: June 25, 1998.

James E. Johnson,

Assistant Secretary (Enforcement),

Department of the Treasury.

[FR Doc. 98–17538 Filed 6–29–98; 8:51 am]

BILLING CODE 4810–25–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–98–036]

RIN 2115–AE47

Drawbridge Operation Regulation;

Lake Pontchartrain, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

temporarily changing the regulation for

the operation of the draws of the Greater

New Orleans Expressway Commission

causeway, north bascule spans across

Lake Pontchartrain between Metairie,

Jefferson Parish and Mandeville, St.

Tammany Parish, Louisiana. From July

6, 1998 through November 10, 1998, the

draws will remain closed to navigation

Monday through Saturday except for

September 5, 6, 7, 24, 25, 26, 27, 28 and

29, 1998 and October 10, 11 and 12,

1998. During these closure periods there

will be crane barges under the bridge to

support equipment. On Sundays and on

September 5, 6, 7, 24, 25, 26, 27, 28 and

29, 1998, October 10, 11 and 12, 1998,

the draws will open on signal if at least

three hours notice is given. In the event

of an approaching tropical storm or

hurricane, the draw will return to

normal operation within 12 hours and

the channel cleared of all construction

equipment. This temporary rule is

issued to allow for cleaning and

painting of the bascule structure, an

extensive but necessary maintenance

operation.

DATES: This temporary rule is effective

from July 6, 1998 through November 10,

1998.

ADDRESSES: Unless otherwise indicated,

documents referred to in this notice are

available for inspection or copying at

the office of the Eighth Coast Guard

District, Bridge Administration Branch,
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35821

Hale Boggs Federal Building, room

1313, 501 Magazine Street, New

Orleans, Louisiana 70130–3396 between

7 a.m. and 4 p.m., Monday though

Friday, except Federal holidays. The

Bridge Administration Branch of the

Eighth Coast Guard District maintains

the public docket for this temporary

rule.

FOR FURTHER INFORMATION CONTACT: Phil

Johnson or David Frank, Bridge

Administration Branch, at the address

given above.

SUPPLEMENTARY INFORMATION: On April

10, 1998, the Coast Guard issued a

temporary deviation from the regulation

governing the operation of the draws of

the Greater New Orleans Expressway

Commission causeway, north bascule

spans across Lake Pontchartrain, to

allow the draw to remain closed

Monday through Saturday from May 4,

1998 through July 2, 1998. The

deviation was issued to allow for the

cleaning and painting of the bascule

structures. However, the contractor was

unable to mobilize for reasons including

contract negotiation, acquisition of

insurance and impeded access to the job

site due to a navigation lock closure.

The Greater New Orleans Expressway

Commission has requested the Coast

Guard issue a temporary rule to allow

the work to begin on July 6, 1998 and

to continue through November 10, 1998.

The deteriorated condition of the bridge

warrants the closures so that remedial

work can be accomplished. The Coast

Guard was not notified in time to issue

a notice of proposed rulemaking. For

this reason, good cause exists to make

this temporary rule effective in less than

30 days after publication.

Background and Purpose

The south channel span of the Greater

New Orleans Expressway Commission

causeway across Lake Pontchartrain

Louisiana provides an alternate route

with a vertical clearance of 50 feet above

mean high water. Navigation on the

waterway consists of small tugs with

tows, fishing vessels, sailing vessels,

and other recreational craft. The special

equipment used for this procedure has

to be removed each time the draw span

is opened. Since this process is time

consuming and costly, the equipment

must remain in place for 6-day periods,

allowing the contractor to maximize

work time. While the draw span being

serviced is in the closed to navigation

position, the equipment will be

supported by two crane barges which

must remain in place below the draw

span. As a result, the channel will be

completely blocked by the barges. The

short term inconvenience, attributable

to a delay of vessel traffic which is not

able to use the south channel span as an

alternate route, for a maximum of six

days, is outweighed by the long term

benefits to be gained by keeping the

bridges free of corrosion and in proper

working condition. This work is

essential for the continued operation of

the draw spans. Presently, the draws

open on signal if at least three hours

notice is given.

Regulatory Evaluation

This temporary rulemaking is not a

significant regulation action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential cost and benefits under section

6(a)(3) of that order. It has not been

reviewed by the Office of Management

and Budget under that order. It is not

significant under the Regulatory Policies

and Procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979). The Coast Guard

expects the economic impact of this

temporary rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This is because the majority of vessels

affected by the closure is minimal. The

majority of commercial vessel and most

of the recreational sailboats which

normally transit the causeway bridge are

able to do so at one of the navigation

humps, located at four mile intervals

along the bridge, or though the south

channel span, which provides a vertical

clearance of 50 feet above mean high

water.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Cost Guard

must consider whether this temporary

rule will have a significant economic

impact on a substantial number of small

entities. ‘‘Small entities’’may include (1)

small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. The

majority of commercial vessels and

fishing vessels which normally transit

the causeway bridge will still be able to

do so through the south channel span.

Thus, the Coast Guard expects there to

be no significant economic impact on

these vessels. The Coast Guard is not

aware of any other waterway who

would suffer economic hardship from

being unable to transit the waterway

during these closure periods. Therefore,

the Coast Guard certifies under 5 U.S.C.

605(b) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This temporary rule contains no

collection-of-information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal in under the principles and

criteria contained in Executive Order

12612, and it has been determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this temporary

rule and concluded that this action is

categorically excluded from further

environmental documentation under

current Coast Guard CE #32(e), in

accordance with Section 2.B.2 and

Figure 2–1 of the National Environment

Protection Act Implementing

Procedures, COMDTINST M16475.1C. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard is amending

part 117, Title 33, Code of Federal

Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; and

33 CFR 1.05–1(g); section 117.255 also issued

under the authority of Public Law 102–587,

106 Stat. 5039.

2. Effective July 6, 1998 through

November 10, 1998, § 117.467 is

amended by suspending paragraph (b)

and adding paragraph (c) to read as

follows:

§ 117.467 Lake Pontchartrain.

* * * * *

(c) From July 6, 1998 through

November 10, 1998 the draws of the

Greater New Orleans Expressway

Commission causeway, north bascule

span, need not open for the passage of

vessels Monday through Saturday

except for September 5, 6, 7, 24, 25, 26,

27, 28 and 29, 1998 and October 10, 11

and 12, 1998. From 12:01 a.m. on

Sundays to 12:01 a.m. on Mondays and

on September 5, 6, 7, 24, 25, 26, 27, 28
35822 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

and 29 and October 10, 11 and 12, 1998

the draws will open on signal if at lease

three hours notice is given. In the event

of an approaching tropical storm on

hurricane, the channel will be cleared

and the draws will return to normal

operation within 12 hours.

Dated: June 23, 1998.

A.L. Gerfin, Jr.

Captain, U.S. Coast Guard, Commander, 8th

Coat Guard Dist. Acting.

[FR Doc. 98–17510 Filed 6–30–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[CGD 79–116]

RIN 2115–AA03

Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied

Gases

AGENCY: Coast Guard, DOT.

ACTION: Final rule; establishment of

dates for compliance.

SUMMARY: The Coast Guard modifies the

qualification requirements for some

Persons in Charge (PICs) of transfers of

fuel oil and establish the date for

compliance with the modified

requirements. This modification is

necessary to address public concern and

implement the Final Rule, which, in the

part addressed here, reduces the risk

and severity of spillage from vessels

involved in fuel-oil transfers. The

requirement that PICs obtain letters

from their trainers stating that the PICs

have successfully completed certain

training should ensure to the greatest

degree possible that crewmembers

acting as PICs of fuel-oil transfers get

sufficient training to minimize the risks

of water pollution.

DATES: Effective date: The effective date

for the amendments in this rule is July

1, 1998.

Compliance dates:

(1) The compliance date for 33 CFR

155.710(e)(4) is July 1, 1998.

(2) The compliance date for 33 CFR

155.710(e) introductory text, (e)(1),

(e)(2), and (e)(3) and § 155.715 is

October 1, 1998.

ADDRESSES: Documents, as indicated in

this preamble, are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA, 3406), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., room 3406, Washington, DC

20593–0001, between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–267–1477.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark C. Gould, Project Manager,

Maritime Personnel Qualifications

Division, (202) 267–6890 or 1–800–842–

8740, extension 7–6890.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 18, 1980, the Coast

Guard published two Notices of

Proposed Rulemaking (NPRMs): CGD

79–116, which proposed rules for

tankermen [45 FR 83290]; and CGD 79–

116a, which proposed rules for Persons

in Charge (PIC) of transfers of oil [45 FR

83268].

On October 17, 1989, the Coast Guard

published a Supplemental Notice of

Proposed Rulemaking (SNPRM),

entitled, ‘‘Tankerman Requirements and

Qualifications for Persons-in-Charge of

Dangerous Liquid and Liquefied Gas

Transfer Operations’’ [54 FR 42624],

which combined the original two

rulemakings and officially closed CGD

79–116a as a distinct rulemaking. The

Coast Guard received 42 comments on

that SNPRM. No public meeting was

requested, nor was one held.

On April 4, 1995, the Coast Guard

published an Interim Rule entitled

‘‘Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied

Gases’’ [60 FR 17134].

On March 26, 1996, the Coast Guard

reopened the comment period [61 FR

13098]. No public meeting was

requested, nor was one held.

On May 8, 1997, the Coast Guard

published a Final Rule entitled

‘‘Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied

Gases’’ [62 FR 25115].

On September 17, 1997, the Coast

Guard published a request for comments

to that portion of the Final Rule

concerning the qualifications for a PIC

of transfer of fuel oil [62 FR 48769]. This

request for comments also delayed the

compliance date until July 1, 1998, for

33 CFR 155.710 (e) introductory text

and paragraphs (e)(1), (e)(2), and (e)(3).

Several comments requested a public

meeting, but none was held. This

regulatory project has been in

preparation since 1979. During the

nineteen years of preparation, the Coast

Guard requested comments on the

proposed rule no fewer than five times.

In the last request for comments, the

focus was on a very narrow section of

the entire rule-qualification

requirements for PICs of transfers of fuel

oil. The Coast Guard felt that all sides

of this debate could be adequately

covered in writing; therefore, no public

hearing was necessary.

Background and Purpose

In the Interim Rule [60 FR 17134

(April 4, 1995)], § 155.710(e) of title 33,

Code of Federal Regulations (CFR),

which sets out requirements for

Tankermen-PICs, was written

ambiguously. If interpreted literally, the

section stated that, on an uninspected

vessel required to have a licensed

person aboard, either (a) the PIC of a

transfer of fuel oil must hold a license

authorizing service as master, mate,

engineer, or operator aboard that vessel,

or (b) that person must have been

instructed by the operator or agent of

the vessel both in his or her duties and

in the Federal statutes and regulations

on water pollution that apply to the

vessel.

In the Final Rule [62 FR 25115 (May

8, 1997)], the Coast Guard corrected this

ambiguity by revising the section. The

Final Rule required that, onboard one of

these same uninspected vessels, the PIC

of a transfer of fuel oil hold either (a) a

license authorizing service as master,

mate, engineer, or operator aboard that

vessel, or (b) a merchant mariner’s

document (MMD) endorsed as

Tankerman-PIC.

Before this clarification, the Captains

of the Port (COTPs) in some ports,

particularly deepwater, were already

interpreting the section in this way.

However, in other ports, particularly

inland and river, the COTPs were

allowing the industry to comply with

either the ambiguous requirements

stated in the Interim Rule or the

intended requirements stated in the

Interim Rule as clarified in the Final

Rule.

Many in the inland maritime industry

were satisfied with the wording of the

Interim Rule and, not suspecting that

the Final Rule would change the

qualification requirements, did not

submit comments until the Final Rule

was published. Many of these comments

claimed that the Coast Guard had not

provided the opportunity to comment

on the revised text of § 155.710(e). As a

result, the Coast Guard issued a request

for comment on § 155.710(e) and

delayed the compliance date for this

section except paragraph 4—whose

compliance date already was July 1,

1998—until July 1, 1998 [62 FR 48769

(September 17, 1997)].

Discussion of Comments and Changes

The Coast Guard received a total of 96

written comments in response to the